Itc Limited vs Reckitt Benckiser (India)Pvt. ...
2021 Latest Caselaw 20121 Mad

                                                                            O.S.A.(CAD) No.79 of 2021



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED:     30.09.2021

                                                           CORAM :

                                   THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
                                                            AND
                                     THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
                                              O.S.A.(CAD) No.79 of 2021


                     ITC Limited
                     ITC Centre, 4th Floor,
                     760, Anna Salai,
                     Chennai - 600 002
                     Rep. by its Constituted Attorney
                     P.Ramkumar.                                           ..    Appellant

                                                               Vs

                     Reckitt Benckiser (India)Pvt. Ltd
                     Plot No.48, Institutional Area,
                     Sector-32, Gurgaon - 122 001,
                     Harayana.                                             ..    Respondent


                               Appeal filed against the Fair and Decretal Order of this Court
                     dated 15.09.2021 in O.A.No.556 of 2021 in C.S.(Comm Div) No.55 of
                     2021.


                               For the Appellant       :      Dr.Abishek Singhvi, S.C.
                                                              For Mr.Arun C.Mohan

                               For the Respondent      :      Mr.Chander Lal, S.C.
                                                       :      Mr.Sathish Parasaran, S.C.
                                                              For Mr.E.Veda Bagath Singh

                     __________
                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                         O.S.A.(CAD) No.79 of 2021




                                                      JUDGMENT

(Delivered by the Hon'ble Chief Justice)

The appeal arises out of the refusal to pass an ad interim order

in quia timet action.

2. The allegation is of trade disparagement or disparagement of

the plaintiff's products in an advertisement then proposed to be

released by the respondent defendant.

3. The parties submit that the hearing has substantially

progressed before the Single Bench and will continue even after 2 pm

today.

4. In view of such submission and it being likely that the hearing

may be over in the next couple of working days, no useful purpose

would be served in proceeding with this appeal.

5. Accordingly, completely without prejudice to the rights and

contentions of the parties, particularly of the appellant-plaintiff,

__________

https://www.mhc.tn.gov.in/judis/ O.S.A.(CAD) No.79 of 2021

OSA(CAD) No.79 of 2021 is disposed of without going into the merits

of the matter. CMP No.15736 of 2021 is closed.

6. There will be no orders as to costs.

                                                                    (S.B., CJ.)      (P.D.A., J.)
                                                                              30.09.2021

                     Index : Yes/No

                     kpl/drm




                     __________

https://www.mhc.tn.gov.in/judis/ O.S.A.(CAD) No.79 of 2021

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl/drm)

O.S.A.(CAD).No.79 of 2021

30.09.2021

__________

https://www.mhc.tn.gov.in/judis/